House of Lords Journal Volume 20: 27 May 1717

DIE Lunæ, 27 Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Exeter & al. Bill.

The Earl of Clarendon reported from the Committee, to whom the Bill, intituled, "An Act for confirming a Partition lately made, of the Estate of Sir John Brownlowe Baronet, deceased, in the Counties of Lincoln, York, Middlesex, and Hertford, remaining unsold, and Articles of Agreement relating thereunto; and also the several Conveyances made of the divided Parts; and for making effectual a Fine and Recovery, intended to be levied and suffered, of a Fee Farm Rent of Twenty Pounds per Annum, Part of the Estate in the said County of Hertford," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the Bill be engrossed.

Heath's Bill.

The Earl of Clarendon also reported from the Committee, to whom the Bill, intituled, "An Act for vesting the Estate late of Sir Thomas Heath Knight, deceased, in Trustees, to be sold, for Payment of his Debts, and other Uses," was committed: "That they had considered the said Bill, and examined the Allegations thereof; and that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

His Lordship likewise reported specially a Matter relating to a recited Mortgage from the said Sir Thomas Heath to Eleanor Arnold, by Mesne Assignments; which she refused to produce, though Tender of the Mortgagemoney was proved upon Oath to have been made to her.

Then the Amendments were read Twice, and agreed to.

Ordered, That the said Bill, with the Amendments, be engrossed.

Wood versus Cranmer.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Charles Wood Esquire is Appellant, and Anne Cranmer Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the Twentyfifth Day of June next, at Eleven a Clock.

Chevers versus Geogliegan; Appeal discharged, no Recognizance.

Whereas, on the 16th Day of April last, a Petition and Appeal of Andrew Chevers was presented to the House, and read; complaining of an Order made by the Court of Exchequer in Ireland; to which Terence Geoghegan Gentleman was ordered to put in his Answer:

The House being this Day moved, "That the said Appeal may be dismissed; the Appellant not having entered into a Recognizance, pursuant to their Lordships Standing Order:"

And thereupon the Clerk being called upon, to give an Account concerning this Matter; and acquainting the House, "That no Recognizance had been entered into upon the said Appeal:"

It is Ordered, That the said Appeal be, and is hereby, dismissed this House.

Hopkins's Bill:

The Earl of Clarendon reported from the Committee, to whom the Bill, intituled, "An Act to empower the Barons of the Exchequer in Ireland to grant a Commission to some of the Barons of the Exchequer in England, to administer to Thomas Hopkins Esquire the Oaths for the due Execution of the Office or Offices of Searcher, Packer, and Gauger, in the Port of the City of Dublin, granted to him for his Life," was committed: "That they had considered thereof, and found the Allegations therein to be true; and that the Committee had gone through the Bill; and directed him to report the same to the House, without any Amendment."

The said Bill was read the Third Time.

And the Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Highgate, &c, Highways, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing the Highways from several Places therein mentioned, leading towards Highgate Gatehouse and Hampsted, in the County of Middlesex; and for electing Trustees, for keeping up a sufficient Number, for the repairing the Highways upon the Roads from Highgate Gatehouse to Barnet Blockhouse, and also of the Highways between Kilburn Bridge and Sparrows Hern, in the County of Hertford."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to the Two last Bills.

A Message was sent to the House of Commons, by Sir Thomas Gery and Mr. Bennet:

To acquaint them, that the Lords have agreed to the said Bills, without any Amendment.

E. of Oxford's Case; Precedents as to the appointing a Time of Trial, Report of.

The Lord Trevor, from the Committee appointed to search and report such Precedents, as may the better enable this House to judge what may be proper to be done on Occasion of the Petition of the Earl of Oxford, and the Case of the said Earl as it now stands before this House, acquainted their Lordships, "That the Committee, pursuant to the Instruction given them, to search and report such Precedents as relate to the appointing a Time of Trial, had searched Precedents accordingly; which he was ready to report, when the House will please to receive the same."

Ordered, That the said Report be now received.

Accordingly his Lordship reported, "That the said Committee find,

"That, on the 21st of January 1666, after receiving a Message from the House of Commons, to desire this House would appoint a Day for hearing the Cause concerning the Lord Viscount Mordaunt, upon the Impeachment brought up from the House of Commons against him; it was ordered, "That Saturday Morning then next, being the 26th of the same January, be appointed to hear the Cause, upon the said Impeachment against his Lordship."

"26th of the same January. Divers Members of the House of Commons were present at the Bar, to manage the Evidence against the said Lord Viscount Mordaunt.

"6th of May 1679. Upon a Message from the Commons, "That they were ready to make good the Articles of Impeachment for High Treason, against the Earl of Powys, Viscount Stafford, Lord Petre, Lord Arundell of Wardour, and the Lord Bellasis;" it was Resolved, upon the Question, "That the said Lords should be brought to their Trials on that Day Sevennight."

"11th of the same Month. A Committee of this House was appointed, to meet with a Committee of the Commons, to consider of Propositions and Circumstances, in reference to the Trials of the Lords in The Tower.

"12th of the same May. Upon Report, "That the Committee of both Houses had met, and made an Entrance into their Business;" the Trial of the said Five Lords was put off till further Order.

"16th of the same Month. Upon a Report from the Committee of both Houses, it was Resolved, upon the Question, "That Thursday then next, being the 22d of that Month, should be appointed to begin the Trials of the said Five Lords."

"20th of the same May. Upon Consideration of the Report Yesterday from the Committee of both Houses, Tuesday then next, being the 27th of the same Month, was appointed, for the Trials of the said Five Lords.

"12th Nov'r 1680. Upon a Message from the Commons, to desire a convenient Day for the Trial of the Lord Viscount Stafford; his Trial was appointed on Tuesday the 30th of the same Month. On which Day his Trial began.

"21st Dec'r following. Articles of Impeachment, for high Crimes, &c. were brought up against Mr. Seymour, and read.

"23d of the same December. He put in his Answer.

"3d Jan'y following. He petitioned for a speedy Trial. And a Message was sent to the Commons, to give them Notice of it, finding no Issue joined by Replication.

"8th of the same January. Mr. Seymour's Trial was appointed to be on Saturday the 15th Day of the same Month, upon the Articles brought up against him by the Commons for high Crimes and Misdemeanors. And a Message was sent to the Commons, acquainting them with it, that they might reply if they thought fit.

"3d June 1698. After reading the Replications of the Commons, to the Answers of John Goudet and others, impeached by the Commons of high Crimes and Misdemeanors; their Trial was appointed to be on Thursday the Ninth of the same Month, at the Bar of this House.

"8th of the same Month. Upon a Message from the Commons, "That, by reason of extraordinary Business, they could not be ready to prosecute the said Impeachment;" the said Trial was ordered to be on Thursday the 16th of the same Month: On which Day, a Conference was had about the Place of Trial.

"28th of that Month. Their Trials ordered to be proceeded on, the 4th of July following, in Westm'r Hall.

"20th of May 1701. A Message was sent to the Commons, to acquaint them, "That the Earl of Orford having desired a Day for his speedy Trial; their Lordships, finding no Replication, give them Notice thereof."

"30th of May 1701. The Earl of Orford's Trial, upon the Articles of Impeachment brought up against him from the Commons, for high Crimes and Misdemeanors, was appointed on Monday the 9th of June following. And a Message was sent to the Commons, to acquaint them, "That they might reply, if they thought fit."

"The next Day. A Message was brought from the Commons, "That they had prepared a Replication to his Lordship's Answer; but deferred bringing it up, thinking it more proper to begin with the Trial of the Lord Sommers."

"3d of June following. In Answer to which Message, a Message was sent to the Commons, "That their Lordships, having been desired by the Lord Sommers to appoint a Day for his speedy Trial, and finding no Replication, give them Notice of it, that they might reply if they thought fit; and that their Lordships would proceed to the Trial of any of the impeached Lords whom the Commons shall be first ready to begin with, so as there be no Occasion taken from thence for any unreason le Delay in the Prosecution of any of them.

"5th of the same Month. A Message was brought from the Commons, "That, on Consideration of their Lordships Message of the 31st of May, they thought it their undoubted Right, that no Day ought to be appointed by this House for the Trial of any Impeachment, without some previous Signification from the Commons of their being ready to proceed."

"9th of the same Month. A Message was sent to the Commons, in Answer to their Message of the 5th, "That their Lordships thought themselves obliged to assert their undoubted Right to appoint a Day for the Trial of any Impeachment, if they saw good Cause for it, without any previous Signification from the Commons of their being ready to proceed; which was warranted by many Precedents, as well as consonant to Justice and Reason: And their Lordships, according to the Example of their Ancestors, would always use that Right, with Regard to the equal and impartial Administration of Justice, and with a due Care to prevent unreasonable Delays.

"9th of the same June. The Lord Sommers's Trial, upon an Impeachment likewise for high Crimes and Misdemeanors, was appointed on Friday the 13th of the same Month.

"12th of that Month. Upon considering the Message from the Commons of Yesterday, for putting off his Lordship's Trial to a further Day; his Trial was ordered to be on the 17th of that Month.

"17th of the same June. The Commons, in a Message, among several other Things, declared, "They peremptorily refused to proceed to the Trial of the Lord Sommers that Day:" Notwithstanding which, the same Day his Lordship was tried in Westm'r Hall, and acquitted of the said Articles; and the Impeachment was dismissed.

"18th of the same June. The Trial of the Earl of Orford was ordered to be proceeded on, the 23d of that Month; on which Day his Lordship was also tried and acquitted.

"3d Feb. 1709. Upon reading the Replication of the Commons to the Answer of Dr. Sacheverell, put in to the Articles of Impeachment against him for high Crimes and Misdemeanors; his Trial was appointed, at the Bar of this House, on Thursday the 9th of the same Month.

"6th of the same February. Upon a Message from the Commons, concerning the Place of Trial; an Address was made to Her Majesty, for a Place to be prepared in Westm'r Hall, for his Trial.

"18th of that Month. His Trial was appointed, in Westm'r Hall, the 27th of the same Month; on which Day his Trial began.

"8th of February 1715. The Earl of Wintoun's Trial was appointed the 16th of the same Month, upon an Inpeachment of the Commons against him for High Treason.

"10th of the same Month. Upon his Petition for Witnesses, the Time appointed for his Trial was enlarged to the 8th of March then next.

"5th of March following. Upon another Petition, "That his Witnesses were not arrived;" the Time for his Trial was enlarged to the 15th of the same Month.

"12th of the same March. A Petition of the said Earl, for enlarging the Time, was rejected.

"18th of that Month. His Trial was proceeded on."

Which Report being read by the Clerk:

Message to H. C. to fit.

A Message was sent to the House of Commons, by Sir Thomas Gery and Mr. Bennet:

To desire they will continue sitting for some Time.

Day appointed for the Earl of Oxford's Trial:

Then it was moved, "That Thursday the Sixth Day of June next be appointed, for the Trial of Robert Earl of Oxford and Earl Mortimer, upon the Articles of Impeachment exhibited by the Commons against him, for High Treason, and other high Crimes and Misdemeanors."

And a Question being stated thereupon:

It was proposed, as an Amendment to the said Question, "To leave out ["Sixth,"] and instead thereof insert ["Thirteenth."]

Which being objected to;

And Debate thereupon:

The Question was put, "Whether the Word ["Sixth"] shall stand Part of the Question?"

It was Resolved in the Negative.

Ordered, That the Word ["Thirteenth"] be inserted instead of the Word ["Sixth."]

Ordered, That Thursday the Thirteenth Day of June next be, and is hereby, appointed for the Trial of the said Earl, in Westminster Hall, upon the Articles of Impeachment exhibited by the Commons against him, for High Treason, and other high Crimes and Misdemeanors.

Ordered, That a Message be sent to the House of Commons, to acquaint them therewith.

Message to H. C. to acquaint them with it:

Accordingly, a Message was sent to that House, by Sir Thomas Gery and Mr. Bennet, to acquaint them with the said Order.

E. of Oxford to have Notice of it:

Ordered, That Notice of the said Order be forthwith given to the Earl of Oxford.

Precedents of what is to be done further, in order to his Trial:

Ordered, That all the Lords this Day present be appointed a Committee, to search Precedents; and report what is further proper to be done, in order to the Trial of the said Earl.

Their Lordships, or any Seven of them; to meet on Friday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and adjourn as they please.

L. Chancellor to write to absent Lords:

Ordered, That Letters be writ by the Lord Chancellor to the absent Peers and Prelates, to require their Attendance on this Day Fortnight; and to signify to them, "That they who through Sickness cannot come, do prove the same by Two credible Witnesses, on Oath, at the Bar of this House, and that no other Excuse will be admitted;" and that Notice be given in the same Letter of the Time appointed for the Trial of the Earl of Oxford; and that their Attendance is expected on the Service of this House during the said Trial.

House to be called.

Ordered, That on this Day Fortnight this House shall be called over; and that all the Lords do then attend.

Causes removed.

Ordered, That the Causes appointed to be heard To-morrow and Thursday next be removed to the Two next Days for the Hearing of Causes; and the other Causes removed in Course.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum nonum diem instantis Maii, hora decima Aurora, Dominis sic decernentibus.